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An act was adopted June 10, 1963 on behalf of the State of Delaware, recognizing the Interstate Compact on Juveniles as an instrument to deal with the out-of-state supervision of juvenile delinquents and the return of runaways, absconders and escapees. It was authorized entry into agreements for the cooperative institutionalization of special types of juveniles.

The term juvenile as used in the legislation as defined as any person who was a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of said minor.

The General Assembly had found that juveniles who were not under supervision or who had absconded, run away or escaped, were likely to endanger the health, morals, and welfare of themselves as well as that of others, and that the cooperation of this state with other states was necessary to provide for the welfare and protection of juveniles and the people of this state.

With the Interstate Compact on Juveniles, the state expressed its desire to fully cooperate with other states in returning juveniles to those states when their return was sought and in accepting the return of juveniles whenever a juvenile residing in another state was found to belong in Delaware.

Parents, guardians, persons, or agencies entitled to legal custody of a juvenile who had not been declared a delinquent but who had run away without the consent of a parent or guardian could petition the necessary court for the issuance of a requisition for his return. Upon his return to the state from which he ran away, the juvenile was subject to further proceedings as may be required under the laws of the state. The state to which a juvenile was returned was responsible for payment of transportation.

A juvenile delinquent not wishing to live in his or her residential state could, with permission, transfer out-of-state. Before permission was granted, opportunity was given for the receiving state to make investigations, as it deemed necessary. If the juvenile delinquent was accepted, the residence state could transfer supervision. Each receiving state would assume the duties and supervision previously assumed by the residence state.

It was the policy of the states party to this compact that no juvenile or delinquent should be placed in any prison where they could associate with criminal or dissolute persons.

Subsequently, the constituted administrative authorities of a state which was party to this compact could enter into supplementary agreements with any other state or states for the cooperative care, treatment and rehabilitation of delinquent juveniles.

Pursuant to the Interstate Compact on Juveniles, the Governor was empowered to designate the Executive Director of the Youth Services Commissions of Delaware as compact administrator who would, acting jointly with like officers of other party states, promulgate rules and regulations to carry out the terms of the compact.1

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1 54 DL, ch. 64.

clf/March 14, 1988; April 23, 1988